one year long legal battle

What is the name of your state?What is the name of your state? Texas
The child and the mother live in Texas. I live in Arkansas. The baby was born out of wedlock. DNA proved paternity. What followed: one year! of battling and legal fees, while I immediately provided voluntary child support (20% of net income), medical insurance and ca. 50% of pre-natal expenses, as well as 50% of post-natal medical expenses not covered by insurance.
After five months from birth, I had to take the mother to court to obtain visitation. The court issued a temporary order for: amount of child support; Joint managing conservatorship; visitation schedule every other week.
The mother has denied sharing medical information and has allowed only one visitation ever since.

Current contention 1: the mother requests additional prenatal expenses, yet without providing production material as requested by my attorney; the amount the mother requested is at least four times of what I calculate I may still owe her. She has used this as pretext to deny visitation, though I know she can't legally do that.

Current contention 2: based on court order I want access to medical info, not only to clarify the bill situation, but also to know what on earth is happening to my child, who is having frequent doctors visits (I get the reports from the insurance I am providing). I am worried that my baby boy may be really sick (true, the mother is also a bit paranoid about anything, and is probably resorting to doctors a bit too much...wondering...)undefined

Additional point: we just found out that four months after the court hearing, the case was dismissed by the court "for want of prosecution." The opposing counsel has failed to refile on time to reinstate the case. My attorney says the case is therefore dead, and that my best option is to file an action for voluntary paternity, which would likely charge the legal fees to the other side, and would also be the only way I can get visitations.

Additional point 2: meanwhile the opposing counsel (who doesn't yet know the case has been dismissed) has requested to settle the case on the merits. We have not replied yet.

I am inclined to go with this last option, but my attorney says a settlement of this kind would not be enforceable. Is that right?

I am tired of dragging this on, fighting, paying legal fees. The other side is not reasonable, has a record of lies, tax evasion, lost custody of previous children, and more....; and she will probably never cooperate. You may even wonder why I am not pursuing custody. We'll see. For now:

the questions seem simple:
1. If I file action for voluntary paternity what are the chances that the mother will have to pay for these legal fees (based on the fact that the case has been dismissed because of her attorney's inaction, and based also on the fact that she has denied visitation despite the previous court order)?

2. Would a settlement on the merits, as suggested by her attorney, be legally binding for her? Would she be mandated to grant joint managing conservatorship as settled? And would she be obligated to grant visitations as settled? (All this presuming my attorney is right about the case being dead).

3. Is this an either or option? Can I try to pursue both things at the same time: file the action and seek settlement? What is this roguhly going to cost me?


Thank you.

M.

Only an opinion- it seems your attorney isn't doing much. I'd get a couple consultations w/other attorneys. Some provide a free initial consultation. I've never paid more than $50.00.

If you and the mother come up w/an agreement that contains all required (Study TX Family Code)in a CO/Possession Order and if the Judge agrees it contains what is in the best interest of the child he/she will sign and it will be binding. Don't sign any proposed Orders until having them reviewed by an attorney.

I'm unclear if you have temp orders, any final orders or none. If your case was closed w/out final orders I would either petition for it to be reopened or petition for Order In Suit Affecting Parent-Child Relationship- this may be what your attorney is suggesting. Your attorney may realize her proposal is BS and would not be in your best interest. You need to learn the TX Family Code. This can be done online and this will help you know what you can have and should try for.

Concerning the medical-if you have an order showing you have joint conservatorship all doctors are required to provide all medical records upon your request.

If you have Orders for Vistitation follow those Orders. Send a letter of intent to exercise visitation.

W/out knowing what Orders you do/don't have it is difficult to say what your duties and rights are. Save all receipts, document everything and find out what you need to petition for. If you have Orders follow those to the T until modified. Some attorney's accept payments. My divorce was $650.00 paid out in 5 months. Can't say what your costs will be but I'm sure worth it in the long run. From your post it would seem there is a good chance the other party could be made to pay the court costs-that would be up to the Judge once requested.

Thank you for your prompt reply.
This was a temporary order, but, according to my attorney, the order is now dismissed for "want of prosecution" (the attorney forwarded the Order of Dismissal to me, and it seems definitive). Let me also clarify: the opposing counsel does NOT know yet that the case has been dismissed. I don't know how since the letter from the judge that my attorney forwarded to me was addressed to the opposing counsel too. So my attorney is insisting on the action for voluntary paternity to sort of "catch the other side by surprise" (I wonder sometimes how much of this is personal, as a sort of attorney revenge... there's a background but I won't bother to explain it).

When you say "letter of intent" to exercise visitation, do you mean a letter to the mother? I have sent one for each of the child support payments I sent, and also several emails requesting to set up a visitation as shown on the temp. order. Is all this enough? What can happen to the mother if I show she refused to cooperate?

I did use the temporary order to receive information from the doctors. I was able to get information about the child care, with one crucial exception. I could not get any information re. the prenatal care, since the order mentions only the care of the baby (are doctors quibbling here?)

Finally, my attorney is requesting another retainer of $2,500. I'm not sure this is justified, and that's why I'm here to seek alternatives. Thanks again
M.

antoniomelandri said:

Thank you for your prompt reply.
This was a temporary order, but, according to my attorney, the order is now dismissed for "want of prosecution" (the attorney forwarded the Order of Dismissal to me, and it seems definitive). Let me also clarify: the opposing counsel does NOT know yet that the case has been dismissed. I don't know how since the letter from the judge that my attorney forwarded to me was addressed to the opposing counsel too. So my attorney is insisting on the action for voluntary paternity to sort of "catch the other side by surprise" (I wonder sometimes how much of this is personal, as a sort of attorney revenge... there's a background but I won't bother to explain it).

When you say "letter of intent" to exercise visitation, do you mean a letter to the mother? I have sent one for each of the child support payments I sent, and also several emails requesting to set up a visitation as shown on the temp. order. Is all this enough? What can happen to the mother if I show she refused to cooperate?

I did use the temporary order to receive information from the doctors. I was able to get information about the child care, with one crucial exception. I could not get any information re. the prenatal care, since the order mentions only the care of the baby (are doctors quibbling here?)

Finally, my attorney is requesting another retainer of $2,500. I'm not sure this is justified, and that's why I'm here to seek alternatives. Thanks again
M.

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If you were under temporary orders and the case has been dismissed, then those orders no longer exist so the mom isn't in contempt of anything.

You should probably take your attorney's advice and file to establish paternity and everything else that goes along with it.

I agree with the other poster however that a settlement is certainly enforceable if signed off on by the judge. I find it a little disturbing that your attorney would tell you its not. That sounds to me like an attorney who wants to rack up your fees by litigating rather than settling.

court dismissal (was one year long battle)

LdiJ said:

If you were under temporary orders and the case has been dismissed, then those orders no longer exist so the mom isn't in contempt of anything.

You should probably take your attorney's advice and file to establish paternity and everything else that goes along with it.

I agree with the other poster however that a settlement is certainly enforceable if signed off on by the judge. I find it a little disturbing that your attorney would tell you its not. That sounds to me like an attorney who wants to rack up your fees by litigating rather than settling.

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Thanks. Two more points.
1. Another attorney I consulted with told me that IF THE CASE IS NOT REINSTATED (possibly with a file action by me), whatever settlement would NOT be enforceable because the case is NOT FILED with any court right now.
2. My attorney suggests NOT to pay child support until the next court order. I guess I would NOT be held in contempt, much like the mother cannot for not allowing visitation. But I do feel a moral obligation to pay support. Also, wouldn't child support be retroactive, especially in a situation like this one, where a (dismissed) order had been issued? M.

retainer

I offered my attorney to continue paying as we go along; but the attorney is insisting on a hefty retainer (same as the first one), because, in the attorney's opinion, since the case has been dismissed by the court and needs to be reinstated, it is a "new" case. Question is: regardless of whether a case has been filed or not, if an attorney has already worked on the case for the past 8 months (basically using up the first retainer on that one day in court, and court ruling that has now been dismissed), how can the attorney argue that this case is now becoming NEW? Not new to the two attorneys who have been discussing it....